This FAQ summarises the main points from our detailed blog article on what constitutes a patentable invention in Singapore and how exclusions are applied in practice. For an overview of how patents work in general, see our Guide to Patent Filing in Singapore and Patents Services page.

What is considered a patentable invention in Singapore?

Under Section 13 of the Patents Act an invention must be:

  • new (novel),
  • involve an inventive step and
  • be capable of industrial application.

The former list of exclusions in Section 13(2) was deleted to bring Singapore law into line with the TRIPS Agreement, which requires patents to be available in all fields of technology. See also our overview of Singapore patent law.

What does “capable of industrial application” mean?

Under Section 16(1), an invention is capable of industrial application if it can be made or used in any kind of industry, including agriculture.

However, Section 16(2) expressly excludes:

  • methods of treatment of the human or animal body by surgery or therapy and
  • methods of diagnosis practised on the human or animal body.

Such methods are not considered industrially applicable and cannot be patented. Related reading: Protecting Pharmaceutical and Biotech Inventions.

Can medical inventions still be protected?

Yes. Although methods of medical treatment and diagnostic methods are excluded, medical inventions can still be protected by medical use claim formats:

  • First medical use – substance X for use in a method of treatment of Y (protects the first medical use of a known compound; no specific indication required)

  • Second or further medical use – use of X in the preparation of a medicament for the treatment or prevention of Y (Swiss-type claim) The specific medical indication must be stated. Different patient groups, dosage regimens or modes of administration may also confer novelty.

See our Life Sciences and Biotech Patents page for practical examples.

What did the deleted Section 13(2) originally exclude?

Before its repeal, Section 13(2) stated that the following were not inventions:

  • discoveries, scientific theories, or mathematical methods,
  • literary, artistic, or aesthetic creations,
  • schemes, rules or methods for mental acts, playing games, or doing business, or computer programs,
  • presentations of information.

Although the section was removed, IPOS continues to treat such subject matter as being unpatentable under its current examination practice (see below).

For background, visit Understanding Patent Examination at IPOS.

Are business methods and computer programs now patentable?

Not automatically. Non-statutory exclusions are still set out in the IPOS Guidelines for Examination, which direct Examiners to assess whether the actual contribution of the claimed invention lies solely in non-technical subject matter.

The Guidelines (Section 8.5) identify categories such as discoveries, scientific theories, mathematical methods, aesthetic creations, business schemes and the presentation of information as non-inventions.

See also our Technology and Software Patents page.

How are computer-implemented inventions treated?

It must be clear from a claim that the computer or technical means are integral to solving a technical problem, not merely a generic platform for business logic.

Examiners look for a material interaction between hardware and software that produces a technical effect beyond ordinary computer operation.

If the invention’s only contribution is a business method implemented on a computer, it may be rejected as non-technical.

Are the IPOS Guidelines legally binding?

No. The Guidelines are not law. They represent IPOS’s practice and interpretation but have no statutory force. Applicants may challenge any objections raised, including by arguing that the claimed subject matter satisfies the statutory definition of an “invention” or by appealing to the Courts.

For assistance with patent examination or responding to IPOS objections, see Our Patent Prosecution Practice.

Key takeaways

  • Patentable inventions in Singapore must be new, inventive and industrially applicable.
  • Methods of medical treatment or diagnosis are excluded by statute, but first and second medical-use claims remain available.
  • Although Section 13(2) was repealed, similar exclusions persist in IPOS practice.
  • Business methods and computer programs must demonstrate a technical contribution.
  • The IPOS Guidelines set out IPOS practice but do not have legal force.

For professional advice on patent drafting, prosecution, or strategies for medical or software-related inventions, please contact Cantab IP.

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